Information about travellers and council responsibilities
Gypsies and travellers are protected from discrimination by the
Race Relations Act 1976 and the Human Rights Act 1998, together
with all ethnic groups who have a particular culture, language or
values.
The aim of this information is to set out how the council and
other official agencies will work to try to balance the rights of
all those involved.
Why do gypsies/travellers pursue a travelling lifestyle?
Their way of life means that they travel the country staying for
various periods of time in different locations, in order to earn a
living. This has been their way of life for many generations.
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Does the council have a duty to move gypsies/travellers when
they are camped without the landowner's permission?
No. If gypsies/travellers are camped on council land, the
council can evict them. If they are on private land, it is usually
the landowner's responsibility. The Government has advised that
when gypsies/travellers are not causing a problem, the site may be
tolerated.
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If gypsies/travellers camp on private land, what can the
landowner do?
- Talk to them to see if a leaving date can be agreed.
- Take proceedings in the County Court under the Civil Procedure
Rules 1998 to obtain a Court Order for their eviction. There must
be a minimum of two clear days between service of documents and the
court hearing.
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What if the landowner decides to let them stay on the land
temporarily?
Unless the landowner has already obtained planning permission
for a caravan site or is a farmer and the gypsies/travellers are
helping with fruit picking etc., then the landowner could be in
breach of the Planning Acts and the Acts dealing with the licensing
of caravan sites.
You may wish to seek further advice from the council
Environmental Health section, who deal with illegal
encampments.
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If the landowner fails to take the appropriate action to remove
the gypsies/travellers, what will the council do?
If the landowner is in breach of any planning or license
requirements, then the council will take proceedings against the
landowner to require removal of the illegal encampment.
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I have seen gypsies/travellers camping on the side of the road
and sometimes on parks or other council-owned land, what can the
council do in these cases?
If the gypsies/travellers are causing problems they will be
moved on as soon as is possible and reasonable. The council will
consider each case on its merits.
In all cases the site is visited and every effort made to make
sure that the gypsies/travellers keep the site tidy and do not
cause public health problems. This sometimes means that refuse
collection facilities may be provided for this purpose.
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Can the council remove gypsies/travellers from their land
immediately?
No, the council must:
- show that the gypsies/travellers are on the land without
consent
- make enquiries regarding the general health, welfare and
children's education
- ensure that the Human Rights Acts 1998 has been fully complied
with
- follow a set procedure in terms of proving ownership of land
and details of the illegal encampment that will enable them to
successfully obtain the necessary authority from the Courts to
order the gypsies/travellers to leave the site
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How long will it take for the gypsies/travellers to be
removed?
This will depend upon the circumstances of each individual case.
The council will need to take account of the issues outlined above
as well as how soon they can obtain a Court hearing date.
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Can the Court refuse to grant the council an order to move
gypsies/travellers on?
Yes. If there is an unavoidable reason for the
gypsies/travellers to stay on the site, or if the court believes
that the council have failed to make adequate enquiries regarding
the general health and welfare of the gypsies/travellers. The
council must try to find out this information before going to
court.
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What can the police do?
The police will visit all sites reported to them. In certain
circumstances (for example, where the gypsies/travellers have with
them six or more vehicles), officers may use powers under Section
61 of the Criminal Justice and Public Order Act 1994.
These powers will only be used in situations of serious
criminality or public disorder not capable of being addressed by
normal criminal legislation and in which the trespassory occupation
of the land is a relevant factor.
The police are bound by the Human Rights Act and may be
constrained to avoid using section 61 in circumstances where it
would preclude welfare considerations from being applied by the
civil courts.
The duty of the police is to preserve the peace and prevent
crime. Trespass on land by itself is not a criminal offence.
Prevention of trespass and the removal of trespassers are the
responsibilities of the landowner and not the police. The police
will investigate all criminal and Public Order offences.
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How to contact us
E-mail: environmentalhealth@towerhamlets.gov.uk
Tel: 0207 364 6800
Fax: 0207 364 6831